The Trial We are Waiting For

Julfikar Ali Manik

Photos: Zahedul I Khan

When Awami League Chief Sheikh Hasina announced her election manifesto in a jam-packed hall room on December 12, everyone was listening with rapt attention. Suddenly her supporters gave a huge round of applause breaking the silence. The jubilant applause was a clear message to Hasina, other politicians, foreign diplomats and journalists in the air-conditioned hall room of a five star hotel where the announcement had been made: even after 37 years people are highly emotional about this long-standing issue.

Hasina's election pledge about trying war crimes has uplifted the spirits of not only the party workers, but has given hope to the entire nation despite its growing disillusionment from past experience of successive governments including the AL's, of ignoring this popular demand. Bangabandhu Sheikh Mujibur Rahman's government had initiated the trial of the war criminals but could not continue due to the horrific events of 1975. The onus had been on all the governments that followed, some of which assumed power illegitimately or legitimately. Sadly, even the elected governments did not make the trial of war criminals a priority.

Hasina is pledge-bound to try the war criminals now as her election pledge about war crime has been endorsed by the ballot. There is little doubt that it was her promise to try war criminals that helped her to bag people's landslide mandate. After the Grand Alliance's landslide victory she said, "People have already 'tried' the war criminals and the anti-Liberation forces through ballots, but our government would obviously take legal steps to try them." This, together with Hasina seeking support from the UN to bring war criminals under trial, has given people the hope that she is committed to her promise and intends to carry it out.

Chief of the UN Secretary General's six-member high-level panel Francese Vendrel has said that it would be up to the new government to take up the matter with the UN Secretary General and make it clear what they want the UN to do. Experts, researchers on war crime and victims of the war crimes are also getting ready to help the government and UN. They think the new government should formally request the UN immediately for its involvement in the trial process.

Ferdousi Priyabhashini, one of the survivors of the 1971 war crimes, says, "I am really optimistic this time about the trial of war criminals. I am also eagerly waiting to deposit my witness as a victim in the war crime tribunal, which should be set up as quickly as possible." Ferdousi, who is also a renowned sculptor of the country, already gave her testimony in many publications. She was imprisoned and tortured by the Pakistani occupation forces and their collaborators in Khulna during the nine-month liberation war in 1971. She witnessed the genocide, atrocities and destruction of the occupation force.

There is no mercy under the Geneva Convention for Genocide and
Torture of Women.

"As a witness I know many names of war criminals from the Pakistani army and their collaborators, I can place my deposition before the court when the tribunal is set up for the trial of war criminals," she says.

Dr MA Hasan, convener of War Crimes Facts Finding Committee (WCFFC) says that there is enough evidence to try the war criminals of 1971. "We have many victims still alive, witnesses to the atrocities, documents and other evidence," he says. Deputy Chief of Liberation Forces Air Vice Marshal (retd) AK Khandker, former advisor of caretaker government and human rights activist advocate Sultana Kamal, war crime researcher and human rights activist Shahriar Kabir and many other experts are equally confident about the availability of the evidence even after a lapse of 37 years.

"If it was possible to try German Nazis fifty years after their war crime," says Khandker, "there is no question of not holding trials of war criminals of 1971 after 37 years."

According to Ghulam Rabbani, former judge of Appellate Division of the Supreme Court, the necessary documentary materials for convicting the collaborators including the killers of intellectuals are all there with the home ministry. "Since the materials are more than 30 years old, according to the Evidence Act those are to be treated as ancient documents," explains Rabbani. "No other evidence is required as those at the disposal of the ministry would be sufficient as exhibits in the case records, and conviction and sentence on the basis of that are very much possible."

"Innumerable Bodies Found" (Bodies of intellectuals brutally tortured and killed by the Pak Army and their collaborators are found dumped in a ditch in Rayer Bazar.)

Some war crime researchers and leading freedom fighters think it would be better if international jurists, other experts and especially the United Nations help the Bangladesh government in the inquiry commission and trials as the UN has done in the case of many countries across the globe. But Justice Ghulam Rabbani thinks, that if we say the trial will be held under the supervision of the UN it will be a dangerous proposition because the country will have to surrender sovereignty.

"We have the necessary Act namely the International Crimes (Tribunals) Act 1973," says Rabbani, "now the government will have to constitute one or more tribunals by appointing the members according to the terms of the Act."

Shahriar Kabir, acting president of Ekatturer Ghatok Dalal Nirmul Committee (A Forum for secular Bangladesh) has similar views, "We expect the UN's role in trying the Pakistani war criminals but now we are more concerned about the trial of Bangladeshi war criminals." Hasan emphasises on the terms of references of the trial. "The UN can help us in many ways but terms of references should be formulated by our government considering our social, political and historic perspective."

"Another Al Badr Butcher Arrested: Sensational truth revealed"

Regarding evidence, International Crimes (Tribunals) Act 1973 states -- "A Tribunal shall not be bound by technical rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and may admit any evidence, including reports and photographs published in newspapers, periodicals and magazines, film and tape - recordings and other materials as may be tendered before it, which it deems to have probative value."

Rules of evidence of the Act also says, "A Tribunal may receive in evidence any statement recorded by a magistrate or an Investigation Officer being a statement, made by any person, who at the time of trial, is dead or whose attendance cannot be procured without an amount of delay or expense which the tribunal considers unreasonable."

"A Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof." It continues, "A Tribunal shall take judicial notice of official governmental documents and reports of the United Nations and its subsidiary agencies or other international bodies including non-governmental organisations."

Some war crime and legal experts say there is scope to categorise offences of war criminals of the Liberation War of Bangladesh as in the past few decades many new laws have been formulated, adding new universally accepted definitions of offences such as genocide, war crimes, crimes against humanity and crimes against peace. The International Criminal Court and many other special tribunals in different countries have dealt with war crime and have defined offences in different categories.

"We will have to check thoroughly who were involved with the crimes during our liberation war and under which category of the offences they fall," says Advocate Sultana Kamal. "We should proceed very carefully with a clear idea as the war criminals cannot evade justice due to the loopholes in laws," she adds.

Hasan points out the importance of involving the UN as it can play a key role in neutralising pressures from outside that may stand in the way of the process to try war criminals. Says Hasan, "I came to know that when the caretaker government expressed their sincerity to the demand of trial of war criminals, some countries, even from the Middle East put pressure on the government not to try the war criminals."

Khandker, a newly elected law maker from the AL, also a leader of the Sector Commanders' Forum, a newly formed organisation that came into the forefront in the last two years with the demand for trial of war criminals, says that an inquiry commission can be set up under the tribunal and the commission would go through the existing evidence and will investigate further.

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Justice Rabbani says, "We already have the list of war criminals in Bangladesh and other necessary records and evidence. We have many documents with the names of the people who collaborated with the Pakistani occupation forces under different names including Razakar, Al-Badr and Al-Shams. Now the procedures should be started to try them."

Hasan expects the new government would place the matter in the first session of the ninth parliament to initiate the process to try war criminals. He thinks an inquiry commission should be formed and be made functional by March and a tribunal for war crime should start functioning by the middle of this year "as we can have plenty of time to finish the long process of trial."

Hasan's stance is clear about those war collaborators who did not directly carry out the crimes, rather masterminded them or assisted the Pak Army in committing them. "I think those who were not involved directly in the killing, rape and other war crimes but through provocation masterminded genocide and other crimes politically, must also be tried," he says. He adds that amending the constitution we can have provisions that those war criminals will not have any right to get involved with any organisation, politics and in any beneficiary post, but can only have voting rights as citizens.

The government of independent Bangladesh in its first decision banned five communal outfits including Jamaat-e-Islami, which not only opposed the nation's independence but also actively helped Pakistani occupation forces commit genocide and other war crimes.

After the country's independence in 1971, the first issue of newspapers of the new nation carried the government's decision to ban five communal parties on December 18. The Morning News ran the report that read: "The government of the peoples' republic of Bangla Desh (Bangladesh) has banned four communal parties with immediate effect. These four political parties are Muslim League and all its factions, Pakistan Democratic Party, Nezam-e-Islam and Jamat-e-Islami. In addition to these the government has also banned the Pakistan People's Party. The announcement was made by the Bangla Desh government in a radio broadcast."

The banned parties including Jamaat were given the green light to do politics during the rule of late president Ziaur Rahman after the assassination of the nation's founding father Bangabandhu Sheikh Mujibur Rahman in 1975. In January 1972, Sheikh Mujibur Rahman's government passed a law to try the collaborators and war criminals and set up 73 special tribunals, including 11 in Dhaka to try Razakar, Al-Badr and Al-Shams forces, defined as collaborators in the Act. A section of the political groups campaigned for the last three decades saying that the war criminals' trial issue had turned irrelevant with granting of a general amnesty to all by the then Awami League government. But the Collaborators Act, which was unveiled in a gazette notification on November 30, 1973, clearly states that none of the war criminals have been pardoned.

"Those who were punished for or accused of rape, murder, attempt to murder or arson will not come under general amnesty under Section 1," reads Section 2 of the Act.

Out of the 37,000 sent to jail on charges of collaboration, about 26,000 were freed following announcement of the general amnesty. Around 11,000 were behind bars when the government of Justice Sayem and General Zia repealed the Collaborators' Act on December 31, 1975. An appeal glut and release of criminals en masse followed the scrapping of the law.

"We want Justice for the most heinous crimes in human history"

Anticipating sure defeat, the Pakistani occupation forces and their collaborators -- Razakar, Al-Badr and Al-Shams (mostly leaders of Jamaat-e-Islami and its student front Islami Chhatra Shangha) -- picked up leading Bangali intellectuals and professionals on that day and killed them en masse with a view to crippling the nation intellectually. War records show that Jamaat formed Razakar and Al-Badr forces to counter the freedom fighters. 'Razakar' was established by former Secretary General of Jamaat Moulana Abul Kalam Mohammad Yousuf, and 'Badr Bahini' including the Islami Chhatra Shangha members.

"The abhorrent killers are among the general public"

Thousands of people still bear the brunt of war crimes by Jamaat and its student front (now known as Islami Chhatra Shibir), and some other groups such as Muslim League and Nizam-e Islami. Ali Ahsan Mohammad Mojahid, presently Jamaat's secretary general and then head of Al-Badr in Dhaka, led the killings of the intellectuals a couple of days before independence, according to numerous research works, academic papers, accounts of both victims and collaborators, publications including newspapers and secret documents of the Pakistani home department.

Historical documents and newspapers published during and after the Liberation War show Matiur Rahman Nizami, the incumbent Aamir of Jamaat and the then president of Islami Chhatra Shangha, was also commander-in-chief of Al-Badr. He was quoted as saying on September 15, 1971 by Jamaat's mouthpiece the Daily Sangram: "Everyone of us should assume the role of a soldier of an Islamic country. To assist the poor and the oppressed, we must kill those who are engaged in war against Pakistan and Islam."

Nizami's predecessor Golam Azam was the brain behind Jamaat's anti-liberation efforts. Immediately after independence Golam Azam, ex-Jamaat chief and many others like him fled to Pakistan and returned only after the brutal killing of Bangabandhu Sheikh Mujibur Rahman and his family in 1975.

However, some newspaper reports show how the collaborators were considered as a threat to sovereignty of the country even immediately after the liberation.

Bangla national daily The Azad on January 20, 1972 published the lead story titled, “Al-Badr and Jamaat goons are carrying out subversive activities from their hiding places,” and “Liberty is still at stake” (Al-Badr O Jamaater Pandara Ga Dhaka Die Nashokotamulok Tatporota Chalachhe, Swadhinata Rokkhar Bipod Ekhono Kateni)"

Some infamous collaborators currently live abroad, for instance, Chowdhury Moeenuddin who was 'operation in charge' of the killings of intellectuals, lives in London. The newspapers published a report after December 1971 with a photograph of Moeenuddin, titled, "Absconding Al-Badr gangster."

A similar report published in a Bangla national Daily Purbadesh on January 13, 1972 with a photograph of Ashrafuzzaman Khan, titled, "Nab the butcher of intellectual killings." Ashrafuzzaman reportedly lives in the United States.

During the nine-month bloody liberation war in 1971, Pakistani occupation forces and their Bangladeshi collaborators committed genocide and war crimes that left three million people killed and a quarter million women violated, let alone the planned elimination of the best Bangali brains of the soil on December 14, 1971. Demands for trial of war criminals is the oldest issue of the country, linked to the birth of Bangladesh.

Razakars taking oath after training; “Razakars increased to one lakh”; To save Pakistan any kind of sacrifice must be made: Golam Azam.

Reports in the newspapers published immediately after the liberation gives proof of the peoples' cry for justice. On December 19, 1971, Daily Ittefaq carried a banner headline," Golden Bangla sees the worst massacre in human history (in Bangla--Sonar Banglai Manobetihasher Nrishongshotomo Hottyajoggo).

"Bangabandhu said that if Hitler lived today even he would have been ashamed to see what happened in Bengal," Bangladesh Observer reported on January 15, 1972. Former German ruler Adolph Hitler led the Nazi Party, infamous for genocide and war crimes committed during the Second World War.

On the same issue, the English daily published a report titled, "War criminals will not go unpunished." The Report said, "Prime Minister Bangabandhu Sheikh Mujibur Rahman held out an assurance that the war criminals will not go unpunished because people must have a feeling that justice was done."

The same newspaper in its issue of January 22, 1972 published a report titled, "Mass Killers will be tried: Mujib, We want peace." The report was on a team of World Peace Council's call on to the then Prime Minister Sheikh Mujib.

The report reads: "The Prime Minister (Sheikh Mujib) was of the opinion that the United Nations should come forward and take the initiative in instituting a tribunal to go into the genocide of civil population. Such a step was necessary, he emphasised because many of those who had taken active part in massacres or were responsible for planning it, were now living outside the jurisdiction of Bangladesh Governemnt. For the sake of justice those people should also be brought to book, he said..."

After repealing the Collaborators' Act in December, 1975 the demand for the trial of war criminals lay dormant in the hearts of Bangladeshis and was rekindled by the historic mass movement by Shaheed Janani Jahanara Imam in the 90s.

Shyamoli Nasrin Chowdhury, widow of Martyr Dr Alim Chowdhury says, " I want to believe this time that war criminals would be tried. I am ready to give my statement as a witness and victim when the special tribunal starts functioning. I have been waiting for the last 37 years for this most desired day."

"I believe the trial of war criminals of Bangladesh's liberation war is not only the responsibility of our state, people, country and government. It is a prerequisite to create a just and civilised society. Those who have committed the worst crimes in this nation's history must be tried for the sake of humanity," Sultana Kamal opines.

Sultana says, "Following the election result now, it is evident that the issue of the trial of the war criminals has unanimous people's support. This issue played a vital role for the overwhelming victory of Awami League. So there is no scope to have an excuse this time in failing to try war criminals."

Ferdousi says, "It is disgraceful for us when we claim ourselves to be civilised without trying the war criminals. This issue (war crime) has shattered our lives. I hope we do not have to continue the movement for the trial of war criminals any further; this time we expect it to come to an end with the trial of the war criminals."

Julfikar Ali Manik is a Senior Reporter of the Daily Star.

Al Badr's Legacy

A former activist of Islami Chhatra Shangha, the student wing of Jamaat e Islami reveals how the student front's members were recruited to form the infamous Al Badr forces to carry out genocide.

Ershad Kamol

In August 1971 Al Badr was formed to collaborate with the Pakistani Army in operations

Mezbahur Rahman Chowdhury

against the freedom fighters, to collect information, to make list of the intellectuals to be assassinated and to execute the killing operations. During the transformation of Islami Chhatra Shangha to a militia group like Al Badr the then President of Islami Chattra Shangha Moulana Matiur Rahman Nizami, current Jamaat Amir, ordered all of the activists of Islami Chatra Shangha to join the Al Badr militia. As the Supreme Commander, Nizami ordered Al Badr recruits to take military training under the Pakistani Army. His deputy was Ali Ahsan Muhammad Mujahid, the current secretary general of Jamaat.

Mezbahur Rahman Chowdhury, now chairman of Islami Oikyo Jote, was one of many Islami Chhatra Shangha activists who received the order for joining Al Badr. In 1971 Chowdhury was a Rafiq (new member) of Chhatra Shangha. He was also a member of Pakistan Shaheen Fouz, a cultural wing of Jamaat.

Earlier at a press conference he disclosed the names of 15 Pakistani collaborators against whom he claims to have enough documents to prove them as war criminals. The names of the 15 persons disclosed by Chowdhury at the press conference are-- Matiur Rahman Nizami, Ali Ahsan Muhammad Mojahid, Mir Kasem Ali, late Muhammad Younus, Muhammad Kamaruzzaman, Ashraf Hossain, ASM Ruhul Kuddus, late Sardar Abdus Salam, Abdul Hai Faruki, Abul Zaher Muhammad Abu Naser, Chowdhury Mainuddin, Ayub Miah, Barrister Abdur Razzaq, Chowdhury Fariduddin and M Shamsul Haque.

The caption reads: Yesterday, Monday, training of a group of Razakars was completed. They are seen shooting at targets on the last day of training.

In conversation with The Star Chowdhury unveils a few facts of the Al Badr militants during the Liberation War as well as their post war activities. Excerpts:

The Star (TS): How did you get to know about the recruitment process of Al Badr?
Mezbahur Rahman Chowdhury (MRC): In August 1971 I got a letter from Sirajul Islam Matlib, president of Moulvibazar Islami Chhtra Shangha, that read that Matiur Rahman Nizami as the President of Islami Chhatra Shangha had ordered all the activists of the organisation to join Al Badr and to report at the nearest Pakistani Army camp for militia training to fight against Indian collaborators (freedom fighters). Those who would not follow the order would not be considered activists of Islami Chhatra Shagha. Sirajul Islam Matlib also added that Nizami especially wanted me to join in Al Badr so that other activists of Moulvibazar were also encouraged.

When I showed the letter to my father, who was a Muslim League leader, he discouraged me to join and sent me to Wales for higher education. But, I returned home in November because my mother was seriously ill. From then on till the Liberation on December 16, I closely watched the activities of Al Badr militias many of whom are now leading leaders, businessmen and bureaucrats of the country.

TS: What was Jamaat Aamir Moulana Maatiur Rahman Nizami's role as the leader of Al Badr?
MRC: As the Supreme Commander of Al Badr he led the militia troupe from historic Hosni Dalan. He organised the militias and used to co-ordinate operations while his deputy the current Jamaat Secretary General Ali Ahsan Muhammad Mujahid made the list of 245 intellectuals to be killed and was successful in killing over 30. Janomat, a UK based newspaper published this list later after the Independence of Bangladesh. Moreover, I've documents that Mujahid was directly involved with killings of some Shaheeds. ASM Ruhul Kuddus was the deputy chief of Al Badr Dhaka. He and Chowdhury Mainudiin (who now lives in England) executed orders to kill the intellectuals in 1971.

A letter to Mezbahur Chowdhury from the president of Islami Chhatra Shangha urging all members to join the Al Badr or face expulsion.

TS: What happened if members of Chhatra Shangha did not join the Al Badr?
MRC: Not only the freedom fighters and intellectuals, the Al Badr militia brutally killed the Chhatra Shangha activists also who did not join the militia or had different opinions regarding forming a militia group under the banner of an Islamic student organisation.

Nakib bhai, a senior Chhatra Shangha activist who later became the Editor of Kishore Kafela magazine, informed me that a few Chhatra Shangha activists gathered at the resident of Jamaat leader Moulana Abdur Rahim at Mahakhali to discuss the transformation of Chhatra Shangha into a militia group, since they opposed this step. Soon after the meeting when three activists hired a three-wheeler, a group of militants led by Sardar Abdus Salam stopped them and burnt their three colleagues in the three-wheeler. Nakib bhai witnessed the incident and claims to have reported it to Nizami at Al Badr headquarters in Hosni Dalan. On the following day The Daily Sangram published the news that a group of Indian collaborators burnt brutally three innocent Islami Chhatra Shangha activists in Mahakhali. This incident created such an outrage in Nakib bhai's mind towards Nizami that he has promised me that he will testify the incident in the court, when a special tribunal is initiated.

TS: When did you go to the UK?
MRC: After Independence I went to UK for higher education and enrolled into Buckingham College. I met many of the Jamaat leaders in the UK and in Saudi Arabia in early 1970s and watched their conspiracies against the sovereignty of Bangladesh even after its liberation. Once I was quite surprised receiving a letter from Abdur Razzaq who was in the UK then. I saw him fighting against the freedom fighters till December in Sylhet. In fact, Abdur Razzaq was an Al Badr commander and fled to India when the Joint Forces freed Sylhet. When I met him he informed me that fleeing to India he went to Nepal from where he reached Pakistan and collected a Pakistani passport subsequently went to England. He, Golam Azam, Chowdhury Mainuddin and Pakistan Jamaaat leader Miah Tofael Ahmed jointly created a fund from the Middle East and tried to organise militancy in the newly built Bangladesh.

Ali Ahsan Muhammad Mujahid disguised as an umbrella repairman travelled all over the country to re-organise the militants to assassinate the leaders of newly elected government after the Liberation. They had the plan to gather in Chittagong and to drive operations inside the country from the Arakan state (of Myanmar). They did not have to continue such activities after the murder of Bangabandhu in 1975, since they got the chance to continue politics openly.

TS: Were you involved with them in England?
MRC: No, not at all. I was the President of UK based Muslim Students Movement. So, I'm a witness to their anti-state activities. At one stage I protested such activities, which is one of the major causes that initiated me to collect documents of their anti-state activities.

In 1974 Saudi King Faisal invited me and a few other student leaders as state guests in his Al Hamra Palace to form an organisation parallel to Youngmen's Christian Association (YCA). In the palace I found Golam Azam labelling Bangabandhu as an enemy of Islam. Azam appealed to the King to give him (Golam Azam) fund to rebuild the mosques, to distribute Holy Qurans and to compensate the families of 'Shaheed' (collaborators killed by the freedom fighters). I instantly protested his speech, which made Golam Azam and others angry with me.

We took funds from the Middle East and formed Young Muslim Organisation in the UK, which is a non-political organisation. Since then I have had no connections with any Jamaat leader.

TS: Then how did you become a part of the four party alliance?
MRC: I was not in the country when Amini came to the agreement to join Four-party Alliance. Soon after that I expelled Amini, who, in his turn, had expelled me. In fact, the anti-state activities of the Jamaat leadership motivated me to take such a step.

TS: You claim to have documents to prove that certain persons are war criminals…
MRC: I have preserved the collected statements of many witnesses against the war criminals in 1971. Many of these eyewitnesses are former Islami Chhatra Shangha activists in 1971, who refused to join the Al Badr.

TS: Why don't you file cases against them?
MRC: Look, it's not so easy to file a case. As per the commitment to the people it's the duty of current government to create a special tribunal for the trial of ware criminals I'll provide all the documents. There are many eye witnesses of the brutal actions of Al Bad'r leaders who will testify in the court.

Even though Matiur Rahman Nizami has told The Star “I did not know Mezbahur during 1971 still I don't know him personally”, the photo shows Nizami with Mezbahur Rahman Chowdhury in the former's office at the Ministry of Industry The meeting, mediated by the Bangladesh Nationalist Party, was called in August 2004 by Nizami to bridge the gap between Jamaat-e-Islami and Islami Oikyo Jote. Mezbahur says he stormed out of the room after calling Jamaat leaders war criminals.

The Star contacted the Jamaat leaders accused by Mezbahur Rahman Chowdhury for their comments.
Jamaat Amir Moulana Motiur Rahman Chowdhury told The Star, “I did not know Mezbahur during 1971 still I don't know him personally. I've no comment against the allegation of such person's politically motivated statements.”

Denying Chowdhury's claim, Jamaat Secretary General Ali Ahsan Muhammad Mujahid says, “Mezbahur Rahman Chowdhury himself is a 'tout'. Why don't you people dig out facts about him? I've no comments.” About his role during the Liberation War of Bangladesh, Mujahid only says, “I was a student Dhaka University at that time and I had no connection with any other activities.” Asked about his role immediately after the Independence he says, “I'm not interested in making any comment.”

Copyright (R) thedailystar.net 2009

Saving English Medium Schools

Iftekhar Hassan

The interim government in its last one year has taken some commendable steps, of them include the war on corruption and the proposed human rights commission. At the same time it has decided to enact some regulations for the English Medium schools of the country, some of which will harm the sector, if not destroy it.

Before these laws are discussed further, we must recall that most of these renowned schools in Bangladesh were established at a time when parents had been sending their children abroad for quality English medium education. This was taking its toll on the country's foreign exchange; there is no denying it. It is, then, not a mere co-incidence that the urban middle class has heaved a sigh of relief after schools like Scholastica, Sunbeams and Mastermind have been established and the demand for quality English Medium education in the country is a testimony to that. There is no denying that our Board system has failed to provide quality education, the main reasons behind this being corruption, factionalism among teachers and undue government interference. Government-run schools is a case in point: during the governing-body elections, these schools turn into a mini war zone, with teachers, parents and students canvassing like the way we see it in the city corporation elections. These governing bodies, which control the management of Bangla-medium schools have become a breeding ground for power-hungry corrupt persons, for a berth in the management committee means the power and authority to hire and fire, not to mention the embezzlement of schools' money.

There is no surprise, then, that from ward commissioners to members of parliament, everyone in power wants to have a say in the management of the schools. Now it is shocking that the government wants to introduce this very same system in private English Medium schools. To begin with, the proposed management committee is to consist of 11 members, eight of whom are representatives of the owners. Most of these schools are owned by two-three individuals, almost all of whom are themselves teachers. It is practically impossible to have eight members from the owners, which makes the formation of these management committees fundamentally flawed. And parents' representation in the management committee through elections may end up sending the wrong people in the committee, this may spell disaster for all parents who send their children to private schools have jobs, in cases it may lead to conflicts of interest or runs the risk of inefficient people managing the school administration. The same goes for the election of teachers: teachers in English Medium schools spend their school hours giving classes and copy checking; elections, no doubt will give birth to factionalism among teachers and their academic activities might be harmed.

Private schools are commercial establishments. All businesses do not require their clients to share the monetary income and expenditure; it is not understandable why these privately-owned schools will be forced to do this. What parents demand of the schools is quality education, good academic environment, professional faculty members, discipline and good results. It should be mentioned here that no private school in any other country has been forced to go through such a hassle.

For the last couple of decades, English medium students have been bringing fame and glory to their beleaguered motherland, otherwise famous for corruption and natural disasters. The development of this sector is proportional to the development of our national economy. We must not forget the contributions that English medium students have made to the nation-building process. Before enacting new rules the government should form a committee consisting of parents, owners and teachers to find out ways that will help this thriving sector to develop further. Meanwhile, it should also remove clauses that may lead to the politicisation of the campus.

Iftekhar Hassan is a teacher.

A tribute to a true friend of Bangladesh

Dr Garst, an unsung hero of the Liberation War

Prof Dr M Amjad Hossain

We recall with gratitude the sacrifices of our brave freedom fighters and people in general for giving their lives for the independence of Bangladesh. But there are stories of unsung heroes also. Here is a story of a missionary who emerged as a saviour for many of our war-injured freedom fighters. He is Dr. Ronald Joseph Garst.

Dr Garst is performs a surgery while visiting the RIHD

During our Liberation War in 1971, he was serving the distressed humanity at Ludhiana Christian Medical College in India. He was deeply moved to see the sufferings of the freedom fighters. He visited the war camps and began treating war-injured freedom fighters, many of them disabled by their wounds. His noble gesture drew the attention of the then special envoy of Bangladesh government in exile, Justice Abu Syeed Chowdhury.

In the meantime, Bangladesh became an independent state and Justice Chowdhury invited Dr Garst to visit Bangladesh. Garst's affection for war-wounded freedom fighters brought him to Bangladesh on February 28, 1972 accompanied by his wife Marie Garst. Patronised by the government, he set up makeshift rehabilitation camps for disabled freedom fighters at Mohammadpur College Gate near Shaheed Suhrawardy Hospital at Sher-e-Bangla Nagar.

As the glorious War of Independence had just ended, the hospitals throughout the country were filled with the victims of liberation war and the wounded freedom fighters. Seeing the untold misery of the victims Dr and Mrs Garst, put all their efforts in trying to solve this enormous problem. They met the then Minister, the Secretary and other high officials of the Ministry of Health who requested him to start an Orthopaedic Hospital and a central Limb and Brace Centre in the country to take care of all the liberation war veterans.

Garst immediately started his run of soliciting for funds and explained the needs of the new nation to the friendly countries. Responding to his call, many foreign countries and a good number of organisations came forward with generous gestures. Within one month, he was able to convert the Shahid Suhrawardy Hospital outpatient department into a Hospital with well-equipped OT facilities. There were only a hundred beds, which were barely sufficient to cope with the rush of patients. At the end of the second month the number of beds was raised to one hundred and fifty. Dr Garst started to survey the Cantonment Hospitals and District Hospitals around the country to find out the condition of the injured patients and arranged treatment facility for them in this hospital.

Dr Garst with Dr Halt, a pioneer spine surgeon and others

Dr T Hussain the then Secretary of Health and Family Planning of Government of Bangladesh addressed Dr Garst and said to him, "Dr Garst, you equip and start a full-fledged Orthopaedic Hospital and Limb Centre and run them for one year, the Government of Bangladesh will then be able to carry it on with the project." This was a tremendous inspiration to him and his dedicated team.

Within eight months the majority of the war victims completed their treatment after which the door of the hospital opened to general patients with orthopaedic and trauma problems. This time another hundred beds were added for women and children on the converted roof of the Hospital building. Within one year an artificial limb and brace centre started functioning and many artificial limbs were supplied to the victims of the war of independence and freedom fighters. 1000 artificial limbs were made in the first year for the freedom fighters. On the 1st of July 1973 the major running expenses of the Hospital was taken over by the Government of the Peoples Republic of Bangladesh, now a two hundred and fifty bedded Hospital.

Dr Garst in an interactive academic session in the then RIHD

It became obvious that in order to meet the enormous demand for treatment of the physically handicapped, the establishment of a separate Orthopaedic and Traumatology Hospital with adequately trained doctors and specialist was essential. Meanwhile with full co-operation of senior surgeons in the country and the Ministry of Health a plan was prepared to meet up all the requirements by the Overseas Development Ministry of England. The plan was passed by the authority in due time. Subsequently the overseas orthopaedic surgeons started to arrive in the country under the auspices of the Overseas Development Ministry of England. Several orthopaedic surgeons of different parts of the world started visiting the Hospital and its management. All of these measures made the total programme a unique one.

Dr Garst agreed to continue with the project in the country that provided the post graduate course he started under the University of Dhaka and the first post graduate course such as MS and Diploma in Orthopaedic Surgery and BSc (Physiotherapy) began in July 1973. By 1976 nine doctors (five MS and four D Orth) had completed their orthopaedic courses and thus a new group of specialist in the subject started their career. Twelve physiotherapists and three occupational therapists graduated with BSc degrees. Twelve graduate nurses completed one year training in orthopaedic nursing. Twenty-six young men had been trained in a three-year course of artificial limb and brace making. Thus the year 1976 was the year of grand achievement of Orthopaedic Surgery in Bangladesh so far.

By this time the capacity had reached three hundred and seventy five by the addition of seventy-five beds in the casualty ward. The overcrowding of hospital beds and the overall programmed activities were running in a two-storied outpatient department building including its roof. Admission of women and children patients necessitated further spatial expansion and compelled everybody to think of a regular hospital. In 1974 the NEC of Bangladesh approved the plans of RIHD and Dr R J Garst was honoured with the post of Project Director of the proposed hospital complex to be established at Sher-E-Bangla Nagar, Dhaka the new capital of Bangladesh. Initially this complex was named Shaheed Suhrawardy Hospital Complex and Dr Garst was honoured with a salary of Taka one, equivalent to 7 cents!

He set up the library of the then RIHD by lots of orthopaedic books published since 1950 and it was Marie Garst who managed the library. Dr Garst always carried a typewriter with him to type whatever was necessary -- to avoid unnecessary hassle of making delays in the government official procedures.

Dr Garst (garlanded) at a reception hosted by the Shaheed Family and War Injured Freedom Fighters' Unit Command of Bangladesh Muktijoddha Sangsad in 1987

The contribution of Dr Garst to our country is enormous. He brought so many renowned orthopaedic surgeons from Britain, America, Canada, Singapore, and Hong Kong in our country in order to improve the standard of treatment. Eminent spine surgeon Dr Richard Holt came from Kentucky, US and developed the practice of spine surgery as a sub-specialty here. Prof Eyre Brooke and Prof Wilson came from the UK. Dr Kunda Pillay, of Mount Elizabeth Hospital, Singapore brought doctors from our country and trained them in orthopaedics there. He used to offer Bangladeshi doctors six-month fellowship training.

He was the first person to introduce the morning session of discussion at RIHD. All doctors of the institute took part in the session to discuss the work and experience of the previous day. The initiative was unique in our country. Now several institutes of our country follow this guideline for continuing medical education.

His philosophy was to spread the education among the poor and underprivileged people.

Garst always emphasised service to the poor. In his notepad he wrote -- 'God has sent me for a mission to help the suffering humanity of my community and the other community of the world.'

Garst stayed in Bangladesh till 1981 and rendered his selfless services to disabled freedom fighters and developed orthopaedic treatment facilities. Now this remarkable man lives in his small house at Tennessee in the United States.

He is a living legend in the history of Bangladesh. As recognition to his outstanding contribution to our country the Bangladesh government honoured the citizenship of our country in 1999. We should remember this laureate for his exceptional contribution to us. Our young generation, particularly the young doctors should follow a humble remarkable person like him.

The writer is Professor and Head of Department of Orthopaedics and Trauma Surgery of Dhaka Medical College Hospital who use to keep in touch with Dr Garst in USA regularly.

Copyright (R) thedailystar.net 2006

A Place to Call Home

Cover Story

A Place to Call Home

A young girl writes a poem where she asks a simple question -- one which no one can answer. She asks, “Who am I?” Her forefathers were born in India, they immigrated to Pakistan, she was born in Bangladesh. India has given up on them a long time back, Bangladesh will not accept them as the children of the land and Pakistan will not take them back. She says that she has many names 'Bihari', 'Maura', 'Muhajir', 'Non-Bangalee', 'Marwari', 'Urdu-speaker', 'Refugee', and 'Stranded Pakistani'. But she only wants one: human. This is the state of being of the 1.6 lakh camp-based Urdu-speaking community in Bangladesh.

Hana Shams Ahmed

Zubeida was born in the Mohammadpur Geneva Camp about 20 years ago. she got married last year, and her in-laws formally brought her to their home in another part of Geneva Camp. Their home is an 8 feet by 8 feet room where Zubeida shares a bed with her husband and ailing mother-in-law. Her brother and sister-in-law sleep on the floor of the same room with their two-year-old child. Her husband works in a barber's saloon and makes just enough to make ends meet. But they are unable to move out of their little room and live elsewhere. Zubeida's husband will not get work anywhere else. Zubeida herself was unable to study beyond 4th grade. Her parents could not afford the Tk 150 monthly school fees. Zubeida's family were packed into one of the 116 camps all over Bangladesh right after the Liberation War. The plan was to eventually send them to Pakistan. That was thirty six years ago.

After the partition of India in 1947, faced with large-scale communal riots on both sides of the border, a few hundred thousand Muslims from Bihar, Kolkata, Uttar Pradesh, Maddhya Pradesh and as far away as Hyderabad came to the then East Pakistan. All India Muslim League Chief Muhammad Ali Jinnah promised them that Pakistan would be 'a safe haven for all Muslims'. As is typical of people migrating from a common locality, 'Biharis' lived in separate clusters from the Bangalis. Their communities were concentrated in areas in Mohammadpur, Mirpur, Khulna, Chittagong and Santahar. Bangali animosity towards Biharis started growing in the 1960s due to the perception that the Pakistan government preferred to give Biharis better jobs. By 1971, there were about 15 lakh (according to RMMRU) non-Bangalis living in East Pakistan. The West Pakistanis and Biharis enjoyed special privileges and when Sheikh Mujib declared war in 1971 for a free Bangladesh, the Biharis were in a dilemma. They had suffered through terrible communal riots in 1947 for the idea of the state of Pakistan, and they had antipathy and deep suspicion towards the state of India. Believing the Pakistan army's propaganda that Mujib was 'plotting with the Indians to break up Pakistan', their sympathies naturally went against the Bangali liberation war. The Pakistan army exploited this weakness to recruit Biharis to join the Rajakar death squads. Not all Biharis joined, but those that did not remained silent spectators of the conflict. They did not join the refugees crossing the borders, or take up arms against the Army.

Without a citizenship they are being deprived of education and the prospects of getting a job in the future.

With the surrender of the Pakistan Army, it was the Biharis who were now suddenly stranded in a devastated country looking for compensation and redress. International Community for Red Cross (ICRC) made a list of the Biharis living in the newly formed Bangladesh and asked them whether they wanted to stay there or go to Pakistan. All the Biharis stated their desire to go to Pakistan for safety. And so the ICRC registered nearly 540,000 of the surviving Urdu-speaking Pakistanis who wanted to be repatriated to Pakistan and built camps for their temporary security. According to the US Dept. of State country report on Bangladesh, the stranded Pakistanis turned down the offer of Bangladesh citizenship and instead raised Pakistani flags in their camps, expressing their desire for repatriation to Pakistan. As a follow-up of the Simla pact of July 1972, a tripartite agreement was concluded in August 1973 between Pakistan, India and Bangladesh. As per the agreement, about 2.5 lakh Bangali prisoners were airlifted from Pakistan to Bangladesh and the stranded Urdu-speakers in Bangladesh were to be repatriated to Pakistan. In 1974, 1.2 lakh stranded Pakistanis were airlifted to Pakistan. By 1993, 17,8069 Urdu-speakers were repatriated to Pakistan under government initiatives. Others went on their own initiatives. According to latest UNHCR reports, there are around 1.6 lakh Urdu-speakers living in 116 camps in 14 districts of the country. But 36 years have passed by and 70% of the Urdu-speakers were born in Bangladesh after the war.

Conditions inside the camps are inhuman

Twenty-eight-year-old Ahmed Hussain does karchupi work on saris inside the camp. Many of the Urdu-speakers have taken up handicrafts as their profession and their one-roomed homes are turned into their work place during the day. Ahmed works with four others in a room for five hours on a sari. He has been doing this work for 18 years. “I don't want to go Pakistan,” he says, “I have my work here and I enjoy it. It is a little problem to live in such a congested room but otherwise I'm really happy the way I am.” Ahmed earns Tk 500 a week with this work. Ahmed's 24-year-old co-worker Mir Jafar says that most Bangalis are nice to them. “Some Bangali people hurl abuses at us and call us 'mauras' but most Bangalis are not like that.”

According to Tanvir Mokammel, director of Shopno Bhumi (The Promised Land), a documentary on the plight of the Urdu-speaking community, most of the young generation of Biharis want Bangladeshi citizenship. “Unless you have citizenship rights, it is very difficult to get a job or venture in economic activities,” says Mokammel, “besides, a section of the leadership of the community discouraged them to go out and mainstream themselves as the illusion to migrate to Pakistan was kept alive.”

Mokammel says that he understands the animosity of the general Bangladeshis towards the Urdu-speaking community but adds, “What is happening to this community now is sheer insensitivity and negligence by the concerned governments and international bodies”.

For Khalid Hussain, President of AYGUSC (Association of Young Generation of Urdu Speaking Community) and Assistant Co-ordinator of Al Falah Bangladesh the most important requirement for the camp-dwellers is to get the National ID Card. “In our research (carried out by Al Falah Bangladesh in Dhaka, Mymensingh, Khulna and Faridpur) we have found that 70% of the people want to stay in Bangladesh, 17% want to go back to Pakistan and the others are not decided,” says Khalid, “Al Falah Bangladesh, AYGUSC and Shamsul Haque Foundation from Faridpur together submitted a memorandum where we pointed out that we fulfil all the requirements of the Citizenship Act of Bangladesh made in the Constitution and we should be registered as voters and we should be able to get our ID cards.”

The High Court in 2003 declared that 10 Urdu-speakers who filed a case and those living in all the camps around the country were citizens of Bangladesh. It was the first time that some Urdu-speaking Biharis have been recognised as Bangladeshi nationals. But the law ministry held back the order.

“I agree that our forefathers may have collaborated with the Pakistan army at that time but what about the persons who were not involved and the ones born after 1971, their rights are also very important,” says Khalid, “They are Bangladeshis by birth, this fact cannot be ignored, these people cannot be deprived of their fundamental rights. There are some politicians with anti-Bihari mentality who are not letting this happen.”

Khalid Hussain has been fighting for the fundamental rights of the Urdu-speaking community for years.	Ahmed Ilias, Writer and Executive Director of Al Falah Bangladesh.

The education rate at the camps is very low and Khalid blames the suspended position of the Urdu-speakers for this. “The government schools don't even take our children, they say that the government money is allocated for the citizens of Bangladesh only and we, as stranded Pakistanis, don't have any right on it.”

Khalid talks about a case in Khulna where a man passed his Masters exams and applied for a job at the forest department. “He qualified in the written and viva exams,” says Khalid, “but after investigations revealed that he lived in the camp, his government job was cancelled. He points out that if the National ID cards are not provided to them rickshaw-pullers won't get licenses and they will be deprived of all 19 facilities that come along with it. “Our livelihoods will be at stake.”

Her mother tongue is Urdu but her country of birth is Bangladesh. But what is her identity?

Abdul Jabbar Khan, President of SPGRC (Stranded Pakistanis General Repatriation Committee), or better known to be the camp office, openly admits to supporting the cause of the Pakistan Army but says, “You call us Razakars, but how many of us have actually physically taken part in the process. We supported Pakistan with our mouth only, but what about [Motiur Rahman] Nizami and Abdur Rahman Biswas who were even bigger collaborators than me. Why did this discrimination take place in my case? They were made ministers and given a big house and big car by the state but, my citizenship was taken away from me and I became a refugee and was locked away into this camp.”

Jabbar is not completely reassured by the voting rights and the ID Card solution proposed by young people like Khalid. “Some in the camp are asking us to become voters but the government that is now in power is not the elected government,” says Jabbar, “what if the new government comes and says they don't agree to all this, then where will we go?”

Jabbar like many from the pre-71 generation think they would be safer in Pakistan because of their involvement (physical or otherwise) with the Pakistan Army against the Bangladeshis. “Nawaz Sharif assured us that 3000 families would be sent to Pakistan in the first phase of repatriation but so far only 318 people have been taken to Pakistan ever since then. We are hoping that the new government of Pakistan under Nawaz Sharif's leadership might change our situation.”

Writer and Executive Director of Al Falah Bangladesh points out that the Bangladesh government has divided the Urdu-speaking community into two parts -- those who live inside the camps and those who live outside the camps.

Dr. CR Abrar says that the identity of the people should be made clear to them.

“The main problem is with those who are living inside the camps, the government is not doing anything to rehabilitate them.” He points out that those who live outside the camps enjoy all the facilities of a Bangladeshi citizen. “I live outside the camp, I am a voter, I have an ID card, a Bangladeshi passport and a bank account and I can go abroad,” says Ilias, “there is no discrimination for us. We are as equal as all other Bangladeshis.”

Groups like SPGRC, Ilias points out, are taking advantage of the lack of government control. “They have a vested interest in this camp,” says Ilias, “if the camp exists, they will have this leadership. They have been planted with a fear that if they get citizenship they will be evicted from the camp. No one actually likes living in these camps but if they have the option that they can work and get education, they can get training and become skilled.”

Ilias thinks it is essential that the government solve the problem of their citizenship as soon as possible. “The government doesn't understand that if these people start working, they will become assets for the country and will only contribute to the national economy. Left like this, they will only become a social problem.”

70-year-old Osman Gani worked as a driver for the Pakistan Army in 1971. He owns up to 'taking up

President of SPGRC, Abdul Jabbar Khan

arms' against the Bangalis but points out that his brother was shot in front of him by the Bangalis and he lost a lot of near and dear ones during that time. “I think its time to forgive,” he says, “fights can happen between brothers and even if your brother does something wrong are you going to get rid of him?”

40-year-old Khairunnesa who does handicraft to eke out a living says that she is tired of the journalists and NGO workers coming in and questioning them about their condition. “We didn't come here to go to West Pakistan. We want to become Bangladeshi; the people here have to accept us. The government has to do something about our situation or just kill us all with a firing squad.”

The tale of these people's lives is miserable. Families have grown since 1971 but they were left to make their lives in this one small room. Three generations of people live in this single room. Every morning people have to stand in a queue for hours to use the common bathrooms -- whether it's a pregnant woman or a fragile old man they will have to wait their turn to use the bathroom. Hygiene in and around the camp is almost non-existent. But for the sake of argument the slum-dwellers all over the country also live in very similar conditions so why should the plight of the camp-dwellers get priority?

Like everyone living in the camps, Zubeida (left) lives with three generations in the same room.

Dr C R Abrar, Professor at Department of International Relations of Dhaka University and Co-ordinator of RMRRU (Refugee and Migratory Movements Research Unit) says there's a major difference between the two groups. “The difference is that these people's identity has not been made clear and this is the one group of people for whom the state and NGOs have over the years shown complete apathy towards.”

Families have grown since 1971 but they had to make do with living in a single room.

Abrar talks about a single incident which explains in a nutshell why this group deserves attention. A child born of Urdu-speaking parents was taken to an orphanage after both her parents died. When the orphanage authorities wanted a certificate from the local commissioner the commissioner refused to give it because she was a 'Bihari'.

Abrar says that the general impression that these people are getting all the utilities for free is not true at all. “The government may not be getting the money but there are rent-seekers who are making money out of this,” he says, “without trying to stereotype there are chances that criminality from these areas will increase as a result of this if we don't address these issues.”

Born after the war, these young people identify themselves as Bangladeshis and do not want to go to Pakistan.

Pointing out that the High Court has already declared that they are Bangladeshi nationals Abrar says that the point that they opted to go back to Pakistan [in 1971] in the ICRC form has no legal validity. “In a country which has a large Diaspora population, where many people have dual citizenship and where hundreds of thousands of people apply for diversity visas every year, how do you ascertain whose loyalty is where,” he adds.

Abrar thinks it is very distressing that this community is made a scapegoat for the atrocities committed in 1971. “Whoever has committed the atrocities should be tried for their crimes, irrespective of whether they are Bangali or Bihari.”

So is this an internal matter or does the Pakistan government have some responsibilities for their rehabilitation? “Pakistan has a moral responsibility,” says Abrar, “except for Benazir Bhutto's government, right from Zulfiqar Bhutto to Parvez Musharraf subsequent heads of state said that they are going to take these people to Pakistan for the sake of the Islamic solidarity. In the end all these hopes worked against the anchoring of these people here and the term 'stranded Pakistanis' came about.”

Because of the half-hearted repatriation process hundreds of families have been divided between Bangladesh and Pakistan. There is a father who cannot attend his only daughter's wedding and there is a wife who cannot attend her husband's funeral. But the new generation who were born after the war and comprise the biggest chunk of camp-dwellers don't have any affiliations with either India or Pakistan. They were born in this country and identify themselves as Bangladeshis. Unfortunately the state is reluctant to accept them as such. It's a very complex issue because a lot of ambivalence from the majority population that is skeptical about these people's loyalty to the country they want to be citizens of. But the inhuman conditions they are living in and the subsequent effect it is bound to have on the society as a whole makes it imperative to resolve this painful issue.